Jharkhand News : The Jharkhand High Court has taken a strict stand on town planning practices in the Ranchi Municipal Corporation (RMC), ruling that only maps approved by duly appointed Town Planners will be considered valid, and not those sanctioned by engineers lacking prescribed qualifications.
A division bench comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai, while hearing an appeal, restrained two engineers posted on deputation from performing the duties of Town Planners. The court directed the municipal corporation to entrust map approval responsibilities exclusively to regularly appointed Assistant Town Planners.
The bench observed that allowing engineers without the required qualifications and experience to perform town planning functions is not only illegal but also raises serious questions over the validity of building maps approved so far.
During the hearing, the court found that two engineers deputed from other departments were approving building plans as Town Planners, despite lacking eligibility under recruitment rules. At the same time, qualified Assistant Town Planners appointed by the government were not being allowed to perform their designated roles within the Ranchi Municipal Corporation.
Court Slams Ministerial Interference
The Principal Secretary of the Urban Development Department informed the court that approval from the department minister was being sought to allow Assistant Town Planners to function independently. Rejecting this, the court said that once a law is passed by the legislature and approved by the Governor, no minister—or even the Chief Minister or Governor—has the authority to obstruct its implementation.
The bench held that such interference violates the 74th Constitutional Amendment, which guarantees autonomy to urban local bodies.
Risk to Property Owners
The court warned that maps approved by ineligible engineers could lead to serious legal complications in the future, directly affecting homeowners who may have constructed buildings after taking loans. Such uncertainty, the court noted, could cause significant financial loss to citizens.
The High Court clearly directed that all technical town planning work and map approval processes in RMC must now be handled only by qualified Assistant Town Planners, in order to avoid legal ambiguity.
The matter has been listed for further hearing on January 29.
Background of the Case
Earlier, during the hearing of a petition, the RMC Administrator had assured the High Court that orders would be issued within a day or two to utilize the services of Town Planners and the legal section. However, no such order was issued for a long time, leading to the filing of a contempt petition.
The court later found that the Urban Development Department and its Principal Secretary themselves were obstructing the implementation of the assurance, following which contempt notices were issued.
Court Displeased Over Municipal ‘Flow Chart’
The High Court also expressed strong displeasure over a flow chart submitted by the municipal corporation, which showed that Town Planners were empowered to approve maps for buildings up to two floors, while higher floors required the Municipal Commissioner’s approval.
The court clarified that under Sections 427 and 429 of the Jharkhand Municipal Act, 2011, statutory authority for map approval rests with the Municipal Commissioner or designated authority, and delegating such powers through internal flow charts is illegal and unconstitutional.
